American Law Essay Example | Topics and Well Written Essays - 1500 words

American Law - Essay Example In his ruling Justice Marshall asserted that even as congress did not have the explicit power to authorize the incorporation of the national bank, the appropriate and essential clause offered a foundation for Congress to act. After establishing the legality of the exercise of this authority, the judge made a ruling that the federal government, even while being limited in its power had supremacy within the Union (McAlinn et al. 78-85). Following the Civil War, the judgments of the Supreme Court favored the states more by invoking the tenth amendment. The tenth amendment asserts that the federal government only has power which has been delegated to it by the states and the people. Since the 1930s, the court started invoking the supremacy clause more which gave the federal government wider powers than before. The court mandated that the federal government cannot be subjected to the legislation or policy of the states unless it wills to do so. The Supremacy clause puts it upon the states to make legislation while taking into account the policy of the federal government. ... Congress may also make policies that are geared towards coexistence of state and federal policy. Some of the Union policies may be preemptive for reasons of fostering uniformity of national policy. A good example is the Wagner Act of 1935 which guides all state law regarding labor unions and relations between employee and employer. A watershed case in the issue of the supremacy clause and the tenth amendment is the 1956 case of Pennsylvania versus Nelson. This case made provisions for assessment criteria in instances of the federal government preempting the states without an explicit stating of intent. The criteria asks questions on; whether federal law is so pervasive so as to lead to the presumption that Congress left the states with no leeway but to apply it as it; whether Union interest is so dominant that there is a presumption of an exclusion of enforcement of state law on an issue and lastly if the state laws present reasonable danger of conflicting with federal programs (McAl innet al. 200-212). Question 4 The case of the father promising to pay $5000 dollars to his son if he refrained from taking Marijuana is very similar to the Hamer v. Sidway case. The contention by the defendant is that there is no consideration to support the promise made by the plaintiff making the promise unenforceable. The defendant would assert that the plaintiff benefited from his non usage of Marijuana. The father would argue on the basis that with or without the promise, the son benefitted from his abstinence from Marijuana. The father would also argue that he received no consideration from the promise and thus there is no contract. Such an agreement however lacks a basis in law since it would make contracts of mutuality unenforceable (McAlinn et al 156-8).

Simulation of Server Virtualisation Essay Example | Topics and Well Written Essays - 15000 words

Simulation of Server Virtualisation - Essay Example By doing this we can minimize physical servers   i.e., instead of having one server running in one operating system with the help of server virtualization we can have one physical server which has many virtual servers which acts as an individual operating system. The drawback of using conventional server is that many resources are not utilized in a proper ways and will be in idle state waiting for the other job to be finished. Having server virtualization implemented within an organization we will eliminate this problem by understanding the disk usage, Memory consumption. The application performance with respect to its Input and Output is usually done with the time required by the operating system. The operation of OS like read and write helps us to estimate resource and s system the performance of any resource. Another important factor related to operating system is response time of the service processing the application requests. Since all these factors have a tendency to change its behaviour anytime in the real environment, it will be necessary for one to monitor factors like performance and efficiency of servers. For this analysis we will take help of simulation of server virtualization to calculate the workload of a resource and s system.  Three types of server virtualization exists, they are OS-level virtualization, Full virtualization and Para virtualization. Usually in server virtualization the physical servers are called as host of the server and virtual servers are called guests.  

Great Traditions In Ethics Essay Example for Free

Great Traditions In Ethics Essay The overcoming of the fear of death figures as a key component of Epicurean philosophy. Because the Epicureans valued above all other accomplishments, the living of a good life and that pleasure is the end of all morality and that real pleasure is attained through a life of prudence, honor, and justice the acknowledgment in Epicurean philosophy that the fear of death intrudes upon individual happiness is not at all the same as admission that fear of death is an insurmountable condition, (Epicureanism). To the contrary, the epicurean philosophy seeks forts to identify the root causes of the fear of death, which are: 1) The fear of being dead. 2) The fear that one will die, that ones life is going to end. 3) The fear of premature death. 4) The fear of the process of dying and for each of these considerations, Epicurean philosophy provides a response. The intention of epicurean philosophy is to persuade its adherents that death is not bad for the person who dies although death is inevitable and is the total annihilation of that person; despite the belief in total annihilation Epicurus held no regard for death itself. The basic center of the Epicurean refusal to fear death lies in the epicurean belief that God should not concern to us. Death is not to be feared and these facts are unchangeable despite ones subjective, emotional reactions. because death means the end of consciousness and the total annihilation of the individual, nothing exists beyond death which may cause fear at all,(Warren 4-7). It is only by admitting the fear of death and addressing it straight on through applied logic rather than religion or mysticism that the fear of death can be conquered. The Epicureans regarded the overcoming of the fear of death at the very heart of their ethical project. They identified the goal of a good life as the removal of mental and physical pain. Mental pain they further characterized as anxieties and fears because fear of death causes pain to the individual it must be overcome and it can be overcome by logical acceptance of the fact that death holds no pain for the person who experiences it. (Warren 6) Just as the fear of death prevented many individuals from achieving happiness in life, justice (or lack thereof) provides enmity to happiness in the Epicurean ethical tradition. For Epicurus, laws and justice are a matter of personal bearing and dignity as well as intelligence and experience. Under an Epicurean ethic, in a world full of Epicurean sages there would be no need for written prescriptive laws. Everyone in that case would be able to see and remember what contributes to the utility of the community and would act accordingly (Warren 183). The idea of breaking a rule of justice is wrong because it causes the eventual pain or threat of pain or disturbance to oters happiness as well as ones own. Unlike Epicurus, St. Augustine sees the need for rigid law to control human society and he envisions this law emanating directly fro the Divine. In his distinction between the City of God and the City of Men he makes clear that the church is divinely established and leads humankind to eternal goodness, which is God and that in the ideal city, The state adheres to the virtues of politics and of the mind, formulating a political community. Both of these societies are visible and seek to do good. (Bonner 54) By contrast, the City of Man exists to serve selfishly driven needs and does not partake of the Divine spirit of creation and Divine Law. The idea of self-love against the love of God separates the two cities an idea which springs from what Augustine was afterwards to regard in The City of God as the architect of the Earthly Citylove of self to the contempt of God (Bonner 54).

Marketing Strategy for Zoo

Marketing Strategy for Zoo Introduction Malaysia has many tourist attraction places. Zoo is a place where captive wild animals and extinct animals are kept and exhibited to visitors. It brings strange and fascinating animals from far and near to the tourists. Zoo Negara literally is the National Zoo in Malaysia. It was officially opened to public in 14 Nov 1963 by our first Prime Minister, Tunku Abdul Rahman. This zoological park is located in Ulu Klang near Taman Melawati on the north-east of Kuala Lumpur which covers 110 acres of land. The National Zoo is managed by the Malaysian Zoological Society (MZS), a non-government organization. The zoo has a total of over 5137 animals from 459 species of mammals, bird, reptiles, amphibians and fish. With the time passing by, the zoo has transformed itself into an open-concept zoo with 90% of its animals are kept in spacious exhibits with having natural landscape. Another 10% of our animals are from the African and American continent. The National Zoo is 46 years now. They are wor king to make sure the old zoo concept is changed entirely and trying move forward as a well known zoo around the world. When the National Zoo has arisen as a well known zoo around the world, it will have a higher reputation and it attracts more tourists. (http://www.zoonegara.org.my/zoo.html). The Role of Marketing Marketing plays an important role within most of the organization and the society. It is an essential department in whether the organizations operate as a non-profit or for profit business. Marketing is needed to attract customers to support the zoo, raising awareness and donations. Marketing also acts as a communication between the organization and the public. It is a way of conveying the messages and changes the behavior of the people to have a better environment in the society. The purpose of marketing is to improve the perception of the society towards the zoo and transform it into a recognizable zoo worldwide. Marketing mix is a set of tools that management used to influence sales (Kotler, 2003). The 4Ps is a traditional method which is product, price, place and promotion. Product can be anything to be offered to a market for sales including services that can satisfy a customers needs and wants (Kotler and Armstrong, 2004). The national zoo has 5137 animals from 459 species of m ammals, amphibians, reptiles, birds and fishes (Zoo Negara, 2009). They had been trying to keep up with the other zoos by buying or accepting animals from across the world. The recent arrival of new animal is a male giraffe. The variety of different animals and species is what differentiate them from other local zoos. There are a few factors that affect price setting. The zoo needs to consider about competitors, the cost of running it and their objectives. Customers tend to go to the cheaper and money saving places. The zoo offers cheaper rates for the locals comparing to foreigners, groups, senior citizen and the schools. Place as defined by Kotler and Armstrong (2006) is a set of independent organizations involved in the process of making a product available for the customers. The national zoo was known as â€Å"Zoo in the Jungle† as it was located 8miles from the city and said it was too far (Zoo Negara, 2007). However, this location had been developed and a new city has b een born. People had found it an ease to go as public transports is available. Promotion is defined as sales promotion, advertising, personal selling, public relations and direct marketing (Borden, 1984). The zoo had been trying to attract more customers to increase the revenue to support the zoo. They have Savannah Walk and Zoo Negara Bear Complex to host personal functions such as birthdays and family day. They have a special Valentines Day promotion and the zoo was included in the governments program of promoting the country. Social In 2007, Zoo Negara had1608 schools which is about 78400 students to visit. The zoo is a good example place to educate those students to know more about animal knowledge. This large making profit zoo has to upgrade their system and provide more services to comply with the increasing demand. The zoo does provide guided tour on the zoo tram and this support by college and university volunteer to give more understanding for those students. This service is free of charge. Zoo Negara also has an aquarium named Akuarium Tunku Abdul Rahman (ATAR). It is one of the oldest public aquariums in this country. It provides different type of animal information to the student and the public. Zoo not only has indoor activity, they are also co-operating with external marketing team name Global Soft Marketing to organize events in Selangor schools. They offer a wide variety of program such as talks, animal appearances, coloring contest and quiz. The education department continues to receive undergradua tes from institution of higher learning or university for their practical training in the zoo. The zoo is the place for them to do their undergraduate and post-graduate research thesis. This is more convenient for them as the zoo has many varieties of animals and the tools for it are available. The education department also has responsibility in organizing monthly seminar. They can invite universities and schools to attend these sponsored seminars which are open for public. Topics that have been covered in year 2007 include â€Å"The Global Amphibian Decline†, â€Å"Animal Management An Islamic Perspective†, â€Å"Save the Synchronous Fireflies†, â€Å"Hand Rearing of Hyenas† and many more. Zoo Negara has a Veterinary Hospital to take care of the animals and thus it gives the students great opportunity to do research from the lab. Economics Zoo Negaras income had increased significantly in year 2007, 10.49 million compare with 9.13 million in year 2006. It showed that the Zoo Negara contributed in improving the economics of the country and earning money for government. Besides that, they used manpower to upgrade their system or service. This will decrease the percentage of unemployment. Zoo Negara promotes Valentines Day celebration too where registered couples were taken for a visit around the zoo and then for a set dinner in the vicinity.This will attracts more visitors from foreign country to have this chance to experience the Valentines Day with a different and yet unique environment. This is one of the steps taken by the zoo management to increase the revenue and contribute to the countrys income. Besides that, Night Zoo also aids in improving the economic because of foreign visitor especially if the zoo co-operate with the travel company to create interesting tourists packages. Zoo Negara is included in the Progra m Zoom 2009, Malaysia. One of the reasons why are the zoo is included because it is an important heritage of Malaysia. It is getting famous as it is being promoted by the Government of Malaysia. This promotion comes with a name called Fun with Nature and also offers Zoo Negara loyalty card. Customer The zoo develops a certain target market, demographically, in terms of age, generation and occupation. The zoo now mainly markets itself to the younger generations or working families. Now the zoo has a purpose in their target markets, usually on younger generation (generation X, Y and Z), this is to educate them on the natural habitat of flora and fauna as they are the next in line to manage the community. In actual fact, younger generations bring a big impact in increasing the sales per annum of the Zoo. Without children and teenagers, parents might not even find the reason to pay a visit to the Zoo. A recent activity has begun attracting locals to the zoo, stated in the article http://thestar.com.my/metro/story.asp?file=/2009/11/27/central/5109363sec=central . This article also stated that a survey was conducted due to a poor number of visitors in the year 2006. It was concluded that many local visitors found the entry fee of the zoo was too expensive. The recent price slash down to 50%, had a positive impact on the number of visitors. However, over 70% of the visitors are locals not foreigners. On the other hand, the Zoo has worked in conjunction with the KL HoHo Bus (Hop on and Hop off), this bus makes various stops at tourist destinations area around Kuala Lumpur including the Zoo Negara. The article also stated that ticket price has increased few months back, due to in lack of contributions from the government and sponsors. 80% of the ticket sales go straight into the zoos finances. Overall in terms of meeting customers needs, the zoo is not up to par yet. It only focuses on local visitors while casting the foreigners aside, special rates for visiting families and the ease of transportation should be implemented for both visitors. Visitors play an important role in the Zoos development. If there are lesser visitors, it will result in smaller turnover. When turnovers are smaller, funds might be insufficient to support and manage the Zoo. In event of this, the animals might not have enough to eat or they may not be able to do maintenance to attract more visitors. Competition Competitions among the other zoos located in Malaysia are rather steep. The Zoo Negara, Kuala Lumpur has a better location and in terms in size, it out beats the other zoos in Malaysia. As the Zoo Negara is the biggest zoo in Malaysia, so they are able to keep more species of animals compared to the other zoos, example the Zoo Malacca or the Zoo Taiping and Night Safari. A smaller zoo does bring an impact because they cannot compete with the other bigger zoos to care for more animals and also to cater to visitors need. Partnerships with other tourist attraction companies made a positive impact on the zoo. Such as the partnership with the Kuala Lumpur HoHo Double-decker bus, helps the locals and foreigners to access the zoo with ease, this scenario is stated in the article http://thestar.com.my/metro/story.asp?file=/2009/11/27/central/5109363sec=central. Even though there is a price competition between the zoos in Malaysia are incomparable because the entry fee of Zoo Negara is pricie r than other the zoos, Zoo Negara still manages to attract tourists by conducting various activities such as zoo marathon, photo competitions and fishing competitions. This gives the zoo a leg ahead from the others, not only attracting youths but also adults. Zoo Negara manages to sustain its differentiation for a long period of time by coming up with packages and discounts while maintaining its position within the market which is stated in http://www.mymalaysiablog.com/malaysia-zoom-zoo-negara-and-visit-zoo-negara-year-2009/ . Therefore, prices of the tickets for sale have to be more reasonable to fulfil the requirements of visitors hence to lower impact brought to the zoo. References Philip Kotler, 2003, Marketing Insights From A to Z: 80 Concepts Every Manager Needs To Know, John Wiley Sons, USA Philip Kotler Gary Armstrong, 2004, Principles of Marketing, 10th Edition, Pearson Education, USA Philip Kotler Gary Amstrong, 2006, Principles of marketing, 11th Edition, Pearson International, USA Zoo Negara, 2007, A Journey Through Time, retrieved on 30th December 2009, from http://www.zoonegara.org.my/Microsoft%20Word%20-%20Journeythroughtime.pdf Neil. H. Borden, 1984, The Concept of Marketing Mix, Journal of Advertising Research, 1 (9), 2-7. Zhin, C.M., (2009) ‘Special Discounts for Locals at Tourist Spots, The Star Online, 27th Nov. [Online] (Accessed : 20th Dec 2009) Available at :http://thestar.com.my/metro/story.asp?file=/2009/11/27/central/5109363sec=central%20. Malaysia Zoom! Zoo Negara and Visit Zoo Negara Year 2009, (19th Jan 2009). [Online] (Accessed : 20th Dec 2009) Available at :http://www.mymalaysiablog.com/malaysia-zoom-zoo-negara-and-visit-zoo-negara-year-2009/

Music For Torching by A.M. Holmes Essay -- Music Torching Holmes Essay

Music For Torching by A.M. Holmes A.M. Holmes’ critique of the American dream’s malfunction in modern suburbia examines contemporary domestic life through a variety of socially realistic metaphors. No metaphor is a stronger critic of the dark domestic world she presents than the recurring theme of clothing as a mask which her characters use to hide their true identities. The novel focuses on the importance of â€Å"socially acceptable† clothing as an expression of each character’s overall desire to reach a state of normalcy, if not perfection. Yet irony arises out the representation of clothing as both filling its customary role as a cover-up, and simultaneously being used as a medium of exposure. This ironical situation of clothing as a literal and abstract costume to hide physical and mental disfigurement reinforces the assertion that the real desires of Homes’ characters are often shielded from themselves and from others, and yet are ultimately revealed through what they wear. T he juxtaposition of the clothing motif is that clothing, or the lack thereof, serves as to conceal as well as reveal inner conflicts of sexuality, discontentment, or personal esteem. The use of clothing as a disguise is primarily apparent in its role of covering up the secret sexual lives of the characters. Each time she calls, Henry’s date asks the person on the other line, â€Å"What are you wearing?† Her constant desire to know the character’s clothing reveals the importance that outward appearance holds in a sexual connotation; the characters are repeatedly in various states of dress and undress. Nate’s mother, whom Paul refers to as Mrs. Apple, answers her door wearing her husband’s shirt. The incongruity lies in the seeming normalcy of her appearanc... ...ugged off especially by his mother Mrs. Apple, who excuses his frequent absences to conventions and war games as if they were trivial and acceptable behavior for men. Nonetheless, his father’s absence compels Nate to mimic and adopt his father’s appreciation of guns and ammunition with a warped sense of masculinity, concluding in the death of Sammy and the death of the novel’s innocence as a whole. Music For Torching inverts many societal conventions as satirical commentary on the secretly flawed world of American suburbanites. The typical societal convention for clothing’s purpose is covering up one’s own body; however, in Holmes’ novel, clothing’s accepted function is elongated and also reversed. Clothing not only covers up the physical body as well unspoken thoughts and entities, but also reveals such entities through a mixture of subtle and thematic details.

Nutrition: A Key to Success in Sports :: Health Nutrition Pyramid Diet

Nutrition: A Key to Success in Sports    Certain foods can make a difference in sports competition. Conditioning, strength, and speed have been the focal points of athletic training for years; however, the research on nutritional elements indicates their importance to an athlete's optimal performance. Knowing the proper food to eat before, during, and after a physical activity can help an athlete in achieving their desired performance.    The most important nutrient categories are starches, minerals, sugars, and electrolytes. Starches and minerals fit into the area of complex carbohydrates. Complex carbohydrates are polysaccharides (many sugars bonded together). Because of the multiple bonds, polysaccharides are able to store energy for later use. Simple sugars make up the other group of carbohydrates. The bonding structures of simple sugars are much less advanced that than those of complex carbohydrates. This allows for the burning of simple sugars in an athlete's body. Electrolytes are a category of their own because they are helpful to an athlete all of the time, whether energy storage or energy burning is needed.    Minerals are a group of compounds that allow for endurance in an athletic competition. Potassium is a common mineral associated with muscle cramping. A lack of potassium is the cause of muscle cramping during a sporting event. Minerals must be taken in at least six hours before the time of activity. Due to the complexity of minerals, they are not easily transported to the muscle cites most in need of replenishment.    Complexity of compounds is the reason they must be absorbed long before the physical activity. Starch a main area of complex carbohydrates. It has several bonds. Starches are tightly bound carbon molecules and have several attaching elements. This bonding complexity is the reason starches are capable of retaining large amounts of energy. These compounds should be taken into an athlete's body prior to intense physical activity because an energy storage supply is necessary when simple compounds are completely oxidized.    The athlete's body is able to burn simple carbohydrates quickly. This leaves him/her drained minutes into the sporting event. Examples of simple carbohydrates are sugars and electrolytes. Their bonding patterns are opposite that of starches. Loosely bonded elements are stripped of electrons through oxidation.

In Cold Blood Essay Questions Essay

1) In Cold Blood is a non-fiction novel, but how is it more like journalism than an ordinary work of fiction? Truman Capote wrote the book in brief sections, setting the scene and then putting a break in the narrative, the way the book is structured with several plotlines happening at the same time it keeps the reader on edge, giving it a classic crime-genre technique to always keep the reader in suspense. On top of this he pays close attention to the setting around the dialogue, producing powerful imagery for the reader. The dialogue is factual, which reduces Capotes’ personal involvement, and with the descriptive, tense paragraphs, to heighten suspense. In the book we see two of the main characters, Dick and Perry, their interests and family background which we can see Capotes’ journalism through his reporting. In an interview for the New York Times in 1966, Capote said, â€Å"It seemed to me that journalism, reportage, could be forced to yield a serious new art form: the ‘nonfiction novel,’ as I thought of it †¦ Journalism is the most underestimated, the l east explored of literary mediums,† 2) In what ways does Capote reveal the nature of his research through the construction of the book? In Cold Blood takes a unique view on a horrific story, and gives a non-biased opinion, by looking into the minds of the people involved. In Capotes’ research he found that his background was surprisingly close to one of the man characters, Perry Smith, with both the author and the character both ridiculed as children. Though we can see that the author doesn’t forgive Perry, we can see Capotes’ sympathy. Capote knew how powerful suspense can be, and he used this to the full potential. With the clutter bodies being found at the house twice, with a quote that spans six pages. Also when Perry Smith makes his confession, 200 pages later, there is another quote that spans several pages, with the quote broken up only when he was interrupted by the questioner. 3) How does Capote colour the opening section of the book with a sense of impending murder and doom? What does this tell you about the book’s relationship to journalism? With the opening chapter being named â€Å"the Last To See Them Alive† We can immediately see that murder is about to take place. Also when Capote starts describing the characters he keeps referring to the Clutter family’s day as their last. This gives us the impending idea that the reader is aware of what happens from the opening chapter. With the murder case being a true story that happened a long time ago, the author assumes that the reader will know the story before they’ve read the book. Thus Capote builds up tension and emphasises the upcoming deaths. With most current news stories being repeated many times, journalists try and find a new angle to keep the story fresh, we can see that Capote has tried to do this in his novel, to take a news story that people have heard before and try and adapt it to keep the reader interested.